Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) says: A man said: "O Messenger of Allah, I am married to a beautiful daughter of my paternal uncle, but she does not repel the hand of anyone who touches her." He (peace and blessings be upon him) said: "Divorce her." He said: "I cannot bear to be without her." He (peace and blessings be upon him) said: "Then keep her."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13870
Ikrimah (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) that a man came to the Messenger of Allah (peace and blessings be upon him) and said: "My wife does not repel the hand of anyone who touches her." He (peace and blessings be upon him) said: "Send her away." He said: "I fear that my heart will follow her." He (peace and blessings be upon him) said: "Then enjoy her." In the narration of Abu Dawud the word "idhan" (then) is not present.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13871
A freed slave of Banu Hashim (may Allah have mercy on him) says: A man came to the Messenger of Allah (peace and blessings be upon him) and said: "My wife does not repel the hand of anyone who touches her." He (peace and blessings be upon him) said: "Divorce her." He said: "She pleases me." He said: "Enjoy her."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13872
Sayyiduna Jabir bin Abdullah (may Allah be pleased with them both) says: A man came to the Noble Messenger (peace and blessings be upon him) and said: "My wife does not repel the hand of anyone who touches her." He (peace and blessings be upon him) said: "Divorce her." He said: "She is beautiful, and I love her." He (peace and blessings be upon him) said: "Then enjoy her." It is narrated likewise by Ma'qil bin Ubaydullah from Abu al-Zubayr from Jabir.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13873
Sayyiduna Jabir (may Allah be pleased with him) narrates from the Prophet (peace and blessings be upon him) that a man came and said: "My wife does not repel the hand of anyone who touches her." He (peace and blessings be upon him) said: "Separate from her." He said: "I cannot bear to be without her." He (peace and blessings be upon him) said: "Enjoy her."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13874
Ubaydullah bin Abi Yazid narrates from his father that a man married a woman who had a daughter from another husband, and he had a son from another wife. The boy committed zina with the girl, and a pregnancy became apparent. When Sayyiduna Umar (may Allah be pleased with him) came to Makkah, the matter was brought before him. When the two of them were asked, both confessed, so Sayyiduna Umar (may Allah be pleased with him) had the prescribed punishment (hadd) carried out on both of them. Sayyiduna Umar (may Allah be pleased with him) was keen to join the two of them (in marriage), but the boy refused.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13875
Imam al-Sha'bi (may Allah have mercy on him) says: A girl committed zina and the prescribed punishment was carried out on her. Then they came (to Madinah) as emigrants, and the girl repented; her repentance was good and her condition became upright. Proposals for her would come to her paternal uncle, but he disliked giving her in marriage without telling of what had happened in her past, and he also disliked exposing it about her. He mentioned her case to Sayyiduna Umar (may Allah be pleased with him), and Sayyiduna Umar (may Allah be pleased with him) said to her uncle: "Marry her as you marry off the righteous among your girls."
(b) It is narrated from Sayyiduna Abu Bakr al-Siddiq (may Allah be pleased with him), concerning an unmarried man who deflowered a woman, that they both confessed, so he gave each of them a hundred lashes, then married them to each other right there, and banished them for a year.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13876
Ubaydullah bin Abi Yazid (may Allah have mercy on him) says: I asked Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) about a man who commits zina with a woman: may he marry her? He said: "Yes; then he has attained what is lawful."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13877
Ikrimah (may Allah have mercy on him) asked Abdullah bin Abbas (may Allah be pleased with them both) about a man who commits zina with a woman and then marries her. He said: "The first was zina and the second is marriage; the first was unlawful and the second is lawful."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13878
Ikrimah narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) concerning one who commits zina with a woman and then marries her. He said: "First it was zina, then marriage; there is no harm in it."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13879
Sa'id bin Abi al-Hasan (may Allah have mercy on him) says: Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) came out to the two of them with water dripping from his head, though he had told them that he was fasting. He said: "It was a voluntary good deed that I had intended, and I will make it up another day. I saw a slave-woman of mine who pleased me, so I had intercourse with her." He said: "I will tell you more: she had committed zina, and I wanted to make her chaste."
(b) Abu Mijlaz (may Allah have mercy on him) narrates from Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both): Know that Allah Almighty accepts the repentance of the two of them together just as He accepts it from them when they are apart.
(c) Sayyiduna Abu Hurayrah (may Allah be pleased with him) said: If their repentance together would not benefit them, it would not benefit them apart either; and he recited this verse: "Allah is the One who accepts repentance from His servants." [Surah al-Tawbah: 104]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13880
Habib al-Mu'allim (may Allah have mercy on him) says: A man from the people of Kufah came to Amr bin Shu'ayb (may Allah have mercy on him) and said: "(Are you not surprised that) al-Hasan (may Allah have mercy on him) says that a fornicator who has been flogged marries only a flogged woman like him?" Amr (may Allah have mercy on him) said: "What surprises you? Sa'id al-Maqburi narrated it to us from Sayyiduna Abu Hurayrah (may Allah be pleased with him), from the Prophet (peace and blessings be upon him)."
(b) And Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) used to proclaim it publicly.
(c) Amr bin Shu'ayb (may Allah have mercy on him) narrates from his father, from his grandfather, concerning the reason for the revelation of this verse, that the prohibition was against marrying those prostitutes.
(d) It is narrated from Sayyiduna Abdullah bin Amr (may Allah be pleased with them both) and through other chains that the prohibition of marrying them was either because of their polytheism or because they stipulated being left free to commit zina.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13881
Al-Ala' bin Badr (may Allah have mercy on him) says: A man married a woman, then the man committed zina, for which he was given the prescribed punishment. Then he was brought to Sayyiduna Ali (may Allah be pleased with him), who separated him from his wife. Then he said to the man: "You may marry only a woman who has been flogged like you."
(b) Hanash bin al-Mu'tamir (may Allah have mercy on him) says: Some people brought a dispute to Sayyiduna Ali (may Allah be pleased with him) about a man who had married a woman, and one of the two committed zina before he consummated the marriage with her. He says: He separated them.
The first report is munqati' (its chain is broken), and Hanash is not strong.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13882
Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) says: They are both fornicators until they separate.
(b) A narration is also reported from Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that indicates a concession.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13884
Alqamah bin Qays (may Allah have mercy on him) says: A man came to Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) and said: "A man committed zina with a woman, then both repented and reformed themselves; can the two of them marry?" He recited this verse: "Then indeed your Lord, for those who did evil in ignorance and then repented after that and reformed, indeed your Lord, after that, is Forgiving." [Surah al-Nahl: 119] He recited the verse to him again and again until he thought that he had granted a concession in it.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13885
Bukayr bin al-Akhnas narrates from his father: I recited this verse at night: "And it is He who accepts repentance from His servants, pardons misdeeds, and knows what you do." [Surah al-Shura: 25]
He says: I was in doubt and did not know whether it was "yaf'alun" (they do) or "taf'alun" (you do). In the morning I went to Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him), intending to ask him, but while I was sitting (with him) a man asked about a man who first commits zina with a woman and then marries her. Sayyiduna Abdullah bin Mas'ud (may Allah be pleased with him) recited this verse to him: "And it is He who accepts repentance from His servants, pardons misdeeds, and knows what you do." [Surah al-Shura: 25]
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13886
Abu Janab Yahya bin Abi Hayyah al-Kalbi (narrates) this story and says: "Should he marry her?" Abdullah (may Allah be pleased with him) recited this verse and said: "Let him marry her."
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13887
Amir narrates from Sayyidah Aishah (may Allah be pleased with her) that concerning a man who commits zina with a woman and then marries her, she used to say: "They remain fornicators."
Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both) was asked about it and said: "That was zina and this is marriage." Something similar to the view of Sayyidah Aishah (may Allah be pleased with her) is mentioned from Sayyiduna al-Bara' bin Azib (may Allah be pleased with him). Her view has been countered by the view of Ibn Abbas, just as his view has been countered by hers; and with those who permit it are the proofs of the Book and the Sunnah. Success is from Allah.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب النكاح / 13888